The trademark MIKÔTO JAPANESE CUISINE was filed by Nhung Trinh, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 13, 2017, and received one opposition filed on June 7, 2017 by Pham, Dinh-Hieu on Likelihood of confusion. the opponent was represented by Bauer, Dorin and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 2017
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 23, 2019.
The Opposition with reference B 002910084 was rejected according to Article 7(1) EUTMDR with decision issued on March 22, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 33 with following description of goods:
Pre-mixed alcoholic beverages
Spirits and liquors
Wine
Alcoholic jellies
Alcoholic carbonated beverages, except beer
Aperitifs
Cocktails
Sake
Rice alcohol
Japanese liquor flavored with Japanese plum extracts
Japanese sweet grape wine containing extracts of ginseng and cinchona bark
Tonic liquor flavored with japanese plum extracts (umeshu)
Japanese sweet rice-based mixed liquor (shiro-zake)
Japanese liquor containing herb extracts
Japanese white liquor (shochu).
The mark was filed in class 42 with following description of goods:
Architectural design for interior decoration
Design of printed material
Design of glass and of glass products
Design of homepages and websites
Art work design
Interior and exterior design services
Fashion design
Services for the planning [design] of public houses
Services for the planning [design] of hotels.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Providing temporary accommodation
Consultancy services relating to food
Providing reviews of restaurants and bars
Providing drink services
Providing food and drink in bistros
Providing food and drink in restaurants and bars
Bar services
Bistro services
Cocktail lounge services
Restaurant services provided by hotels
Hotel restaurant services
Salad bars
Teahouse services
Hospitality services [food and drink]
Corporate hospitality (provision of food and drink)
Personal chef services
Cookery advice
Club services for the provision of food and drink
Delicatessens [restaurants]
Rental of bar equipment
Serving food and drink in restaurants and bars
Serving food and drink for guests in restaurants
Serving food and drink for guests
Serving of alcoholic beverages
Food preparation services
Takeaway services
Serving food and drinks
Tea rooms
Restaurant services
Ramen restaurant services
Japanese restaurant services
Catering services for providing Japanese cuisine
Preparation of Japanese food for immediate consumption.